HomeMy WebLinkAboutReso 1991-16345 RESOLUTION NO. 16345
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING SETTLEMENT AGREEMENT, RELEASE AND
MODIFICATION WITH CHULA VISTA CABLE AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby resolve as follows:
WHEREAS, the following a public hearing on September 15, 1987, the City
Council granted a cable television franchise to Ultronics, Incorporated pursuant
to Article XII of the City Charter; and,
WHEREAS, subsequently, on June 13, 1989, the City Council approved an
assignment of the Cable Television Franchise from Ultronics to Chula Vista Cable;
and,
WHEREAS, Section 5 of the Franchise Agreement requires the Grantee (Chula
Vista Cable) to pay to the City a sum of 3 percent of the total gross receipts
of the Grantee on a quarterly basis; and,
WHEREAS, Grantee has been in arrears in payment of its franchise fees and
was asserting that the amount paid by them in possessory interest taxes to the
County of San Diego should offset the franchise fees due the City; and,
WHEREAS, staff disagreed with that position and has been meeting and
negotiating with Grantee to resolve the issue; and,
WHEREAS, the proposed Settlement Agreement, Release and Modification
establishes a payment schedule for past due franchise fees from Grantee and makes
it clear that possessory interest taxes are the sole responsibility of Chula
Vista Cable.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the Settlement Agreement, Release and Modification with
Chula Vista Cable, known as document number C091-184, a copy of which is on file
in the office of the City Clerk.
Resolution No. 16345
Page 2
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute this Agreement for and on behalf of the City
of Chula Vista.
Presented by Approved as to form by
~a~nChr~e~~ Bruce M. Boogaard
Di rector of Finance City Attorney
Resolution No. 16345
Page 3
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 17th day of September, 1991, by the following vote:
YES: Councilmembers: Grasser Horton, Malcolm, Moore, Nader,
Rindone
NOES: Councilmember: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Tim Nader, Mayor
ATTEST:
Beverl~A~Auth'elet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A.Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution No. 16345 was duly passed, approved,
and adopted by the City Council held on the 17th day of September, 1991.
Executed this 17th day of September, 1991.
~Au(h~'elet, City Cler~~k